'Fire and Fury' - when disaster strikes have you really got it all covered? North East Institutes Seminar 2019

Join us at the annual North East Insurance Institutes Seminar.

This year's conference is based on a real-life case study scenario entitled Fire and Fury - When disaster strikes have you really got it all covered?...

At approximately 09:00hrs on Saturday 1 September 2018 a fire breaks out within the production facility at the premises of the north's leading jam jar manufacturer.

The fire quickly takes hold and causes devastation to the production hall. The adjoining offices are damaged by fire and smoke, including the main server room.

Outside the building are 15 of the companies 20 delivery vehicles and these are also badly damaged by the fire.

Unfortunately, reviewing the fire register it becomes apparent that the production manager is unaccounted for...

Join us to hear from experts from the profession as they cover the following agenda:

• 10.30 to 11.00 Registration/Refreshments
• 11.00 to 11.10 Opening Remarks – Grant Scott, CII Vice President Local Institutes
• 11.10 to 11.50 HSE Investgation & Implications – Emma Bowens, DAC Beachcroft
• 11.50 to 12.30 Business Interruption & Recovery - Andy King, Sedgwick International UK - Forensic Advisory Services
• 12.30 to 13.10 Lunch
• 13.10 to 13.50 Key Man Protection – Robert Betts, Legal & General
• 13.50 to 14.30 Legal/Civil/Criminal Liabilities – Graham Bartlett, Trinity Barristers
• 14.30 to 15.00 Q&A and Closing Remarks

Session by session

HSE Investgation & Implications

Overview
The actions taken and decisions made in the hours and days that follow a serious incident can have a significant impact on the criminal investigation that follows.

We will take a practical look at the immediate aftermath of our scenario when the Regulator’s investigation begins. We will consider the common pitfalls and give practical tips on how to avoid them.

We will also reflect on the common timeline of such investigations and the cause of many delays in the investigation process.

Finally, we will consider the impact of the sentencing guidelines and the factors that increase and reduce fines.

Learning Outcomes
At the end of the session delegates will be able to demonstrate:

• An understanding of how to best deal with the immediate aftermath of a serious incident and the common pitfalls that can have an impact on an organisation’s criminal defence

• An appreciation of the timeline of criminal investigations

• Knowledge of the sentencing guideline and the factors that tend to increase and reduce fines.

Emma Bowen
Emma specialises in corporate criminal defence. She represents
organisations and individuals investigated and prosecuted by the Police and
other Regulatory Authorities e.g. the HSE, Environment Agency, CQC, the
Fire Authority and Environmental Health departments.

Emma has extensive experience of the investigative and prosecution
processes and regularly represents clients at interviews under caution. She
is also an experienced advocate for both prosecution and defence, having
conducted cases in both Magistrates and Crown Courts and also at Coroner’s
Inquests.

Recent cases have included major explosions, exposure to asbestos, falls
from height, accidents resulting from driving for work, fire related incidents/risk,
failure to provide safe care, and also fatalities, amputations and crush injuries
in the manufacturing and construction industries.

Business Interruption & Recovery

Overview
A major loss of this nature presents an array of possible issues that will impact the insured’s ability to successfully recover their business. The business interruption (BI) considerations envisaged at the time of placing the risk may vary significantly as a result of the unforeseen consequences of the loss of a critical member of staff and a due to the authorities prolonged investigations.

Our discussion will cover the following areas:
The possible unforeseen short term and long term BI impact following the loss;
The impact of the delays on potential loss mitigation costs payable by Insurers;
The likelihood of the Insured to recover within the indemnity period as envisaged.

Learning Outcomes:
At the end of the session delegates will be able to demonstrate:

• An understanding of the implications of an inadequate indemnity period with respect to a major loss.

• An appreciation of the significance of Additional Increase in Costs of Working cover.

• An understanding of the wider (and possibly uninsured) BI impact not envisaged at the time of placing the risk.

Andy King
Andrew started his career qualifying as a chartered accountant and is a Chartered Loss Adjuster with 35 years' experience at handling major losses both in the UK and abroad. He has also carried out a number of expert witness assignments relating to both insurance and commercial disputes.

Andrew has a wide experience of dealing with property and business interruption claims across various industries, including petrochemical, power, energy, hospitality and leisure, food and beverage, and metal industries. He also has expertise in handling fidelity, bankers blanket bond and product recall losses.

Key Man Protection

Overview
The session explores the different ways of protecting a key people in a business, to address to the problems that could be caused as a result of their death or serious illness through either loss of profits, the cost incurred in replacing them and the general disruption to the business as a whole.

Learning Outcomes
At the end of the session delegates will be able to demonstrate:

• An understanding of the need for key person cover

• How to identify key people within different kinds of businesses

• Business demographics and attitudes with regard to key person cover.

Robert Betts
Robert specialises in intermediary sales & development, with a focus on family, business & high value clients.

He is key to the ongoing evolution of Legal and General’s adviser support, and is influential in the design and delivery of Legal and General s protection sales and business protection education workshops.

Robert is recognised as a protection expert and plays a key role in helping advisers to develop their knowledge and understanding of this sector of the market.

Legal, Civil and Criminal Liabilities

Overview
This session deals with the sums payable to the deceased production manager’s estate and his dependants, focusing on potential professional negligence claims against the brokers and loss adjusters.

It will also cover the existence of some form of warranty which the policyholder alleges that the brokers failed to advise them of and the insurers rely on breach of to reject the claim. It will further address the potential professional negligence of loss adjusters in investigating and adjusting the loss (and possibly the barrister who represents them at trial!).

Learning Outcomes
At the end of the session delegates will be able to demonstrate an understanding of:

• Damages under the Law Reform (Miscellaneous Provisions Act) 1934 and Fatal Accident Act 1976

• Professional Negligence: the meaning of ‘professional’ and the standard of care and skill required.

• Professional Negligence: assessing damages for the loss of an uncertain outcome.
  
  

Graham Bartlett
Graham read Economics at Bath University and joined the Brighton office of Cunningham Hart, Chartered Loss Adjusters, in 1986. He handled claims arising out of the great storms of October 1987 and January 1990 and also specialised in subsidence claims before moving to Carlisle in 1993. He obtained his ACII in 1990 and ACILA in 1993.

He left loss adjusting in 1998 to study law at Northumbria University. He was a prize-winner on the Bar Vocational Course and was called to the Bar by the Inner Temple in 2000. Between 2000 and 2003 he worked in litigation with solicitors whilst studying for an LLM in Commercial Law, also at Northumbria University. He undertook pupillage at 6 Pump Court in London in 2003/2004 and then combined practice from chambers in the North-East and London with a teaching position at Northumbria University where he was module tutor for civil litigation and an accredited advocacy tutor.

He joined Trinity Chambers in April 2017 and specialises in commercial disputes. He has an insurance blog www.grahambartlettlaw.wordpress.com and a regular column in The Journal, the official magazine of the Chartered Insurance Institute. He has given educational webinars for student members of the CILA and is a member of the British Insurance Lawyers Association.

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